Dereje

Dereje v. Ashcroft

Good Law
121 F. App'x 253
United States Court of Appeals for the Ninth CircuitFebruary 8, 2005No. 03-70588California434 words

Opinion

Lead Opinion

MEMORANDUM *

Tadesse Dereje, an Ethiopian citizen, petitions for review of the Board of Immi *254 gration Appeal’s (“BIA”) decision affirming the immigration judge’s (“IJ”) order denying his applications for political asylum, withholding of removal and relief under the Convention Against Torture. The IJ found that Dereje no longer had a well-founded fear of future persecution because Ethiopia had ceased deporting Eritreans. Because the IJ relied on substantial evidence to find changed circumstances, we deny the petition.

The Attorney General has discretion to grant an alien asylum if he is unable or unwilling to return to his country “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42); 8 U.S.C. § 1158 (a) and (b)(1). Factual determinations in immigration cases, including assessments of changed country conditions, are reviewed under a substantial evidence test to determine whether they are “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” Lopez v. Ashcroft, 366 F.3d 799, 802 (9th…

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